Features
The Team Approach to Divorce
How does the professional-team approach work in the collaborative process, and can attorneys who primarily litigate employ aspects of this approach to help settle their family law cases?
Custody of Pets
Custody involves the well-being of children, and the physical and emotional bond they share with their parents. However, what do you do when parties have pets that they consider to be tantamount to children?
Features
Matrimonial Planning and the 2012 Tax Act
Overview of the impact of American Taxpayer Relief Act of 2012 (ATRA) on matrimonial matters.
Features
The 'Losing' Side of Legal Business Trends
Although happening slowly, project management and process improvement efforts are gradually improving the efficiency of U.S. legal practice, off-setting whatever demand growth the economy would otherwise have produced.
At the Intersection: Lawyer Assessment and Client Development
The profound changes in today's legal landscape suggest that it's time to reevaluate the utility of tools that objectively describe the operative style factors that affect lawyer success and lawyer-client business relationships.
Features
Restrictive Covenants and Partnership Agreements
This article examines the ethics of common partnership restrictive covenants, and suggests ways for firms to ethically protect the firm's interests.
Features
Judicial Scrutiny of Other Insurance Clauses
When overlapping primary liability policies contain different "other insurance" clauses, approaches vary by jurisdiction and degrees of intellectual rigor.
Features
Insurance Claims for Solar Panel Defects
Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation.
Features
A Lesson from the Snowden Manhunt
A sobering lesson to everyone who makes a certification to the government: the importance of background checks.
Features
Compete or Enforce?
The U.S. is stepping up its criminal and civil tax enforcement in a two-pronged attack.
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›